Search warrants can be issued to aid police or law enforcement in a criminal investigation. Under the Fourth Amendment of the U.S. Constitution, citizens are protected from unlawful searches and seizures as they are an invasion of privacy. The law includes a caveat that a warrant can be issued if probable cause is apparent. Search and seizure laws can vary depending on the jurisdiction you are in. For skilled legal help contact a Pottstown criminal defense lawyer.
What Is the Purpose of a Warrant?
A warrant is a legal document that gives law enforcement officers special permission to act somewhat in disregard of the Fourth Amendment. If there is probable cause to believe that a person or place is involved in some criminal activity or illegal plot, the police may request a warrant to search the premises, whether it be a person’s home or car, or a building or other structure. This sort of invasion of privacy would be illegal, but the warrant waives that portion of the law temporarily to allow law enforcement to gather evidence.
A warrant allows officers to search for particular materials and evidence at a specific time and location. Law enforcement must abide by the rules of the warrant.
Who Can Authorize a Warrant?
Warrants can only be authorized by either a judge or a magistrate. A judge presides over trials and issues rulings in a court. They are the highest level of authority that can be present in a court of law and can interpret laws and make rulings. A magistrate is an authority in court who can also make rulings, but only on select cases. They hear pre-trial motions, oversee jury selections, and more.
Both of these authorities have the power to issue a warrant, if that they believe there is enough evidence to suggest probable cause.
What Is Probable Cause in Pennsylvania?
While probable cause is mentioned in the Fourth Amendment, it is not clearly defined. Essentially, the courts view probable cause as a reasonable belief, based on facts, that a crime has occurred and evidence will be found in a specific location.
In Montgomery County, including Pottstown, Hatboro, and King of Prussia, among other local communities, Judges generally evaluate whether the totality of the circumstances supports the issuance of a warrant.
Evidence That May Establish Probable Cause
- Eyewitness testimony
- Tangible evidence like photographs, video surveillance, drugs, weapons, etc.
- Keen observations
- Information from reliable informants with a proven track record
- Statements made by victims or witnesses
In practice, the burden falls to law enforcement to demonstrate probable cause through specific and articulable facts. Judges must then examine these facts to determine if they create a fair probability that evidence of a crime will be found in the place described in the warrant.
How Do Judges Determine Probable Cause?
Judges do not rely on a single piece of evidence when determining whether or not there is probable cause to grant a warrant. Instead, they will consider the “totality of the circumstances”, meaning they will evaluate all available facts to determine if probable cause exists.
Key Factors Judges May Consider
- If the information presented is recent and not outdated
- If the source of the information is credible and reliable
- Whether there is a clear connection between the alleged offense and the place to be searched
- Whether the request for the warrant clearly specifies items to be seized
- If law enforcement followed proper legal procedures when gathering evidence
What Makes a Search Warrant Invalid in Montgomery County?
Even if a warrant is issued in Pennsylvania, it may later be challenged if it does not meet constitutional requirements.
Common Reasons a Warrant May Be Invalid
- Lack of probable cause to support the warrant
- Use of outdated information
- Failure to specify the location to be searched or the items to be seized
- Improper execution of the warrant, such as outside of the approved scope or time
Can You Challenge a Search Warrant in Pennsylvania?
If you believe your rights have been violated due to an invalid warrant, you may be able to challenge it after it has been executed.
How Challenges Work
- Challenges generally occur once evidence has been collected
- A defense attorney will examine if the warrant met legal standards
- If successful, improperly obtained evidence may be suppressed
- Suppression can weaken the prosecution’s case or may ultimately lead to the dismissal of charges in some circumstances
What Is a Franks Motion?
A Franks Motion allows a defendant to challenge a search warrant if the warrant was based on false or misleading information provided to the judge.
When a Franks Motion Applies
- Law enforcement knowingly included false statements
- Officers showed reckless disregard for the truth
- The false information was essential to establishing probable cause
- Without the false information, the warrant would not have been issued
How Pennsylvania Law Applies Locally
While probable cause standards are based on federal constitutional law, the local courts, including those in Montgomery County, will apply these principles in local cases.
Local Application in Montgomery County
- Warrants are reviewed and issued by judges in the Court of Common Pleas
- Law enforcement must follow the Pennsylvania Rules of Criminal Procedure
- Local judges evaluate evidence based on established legal standards
- Procedures may vary slightly depending on the county where the case proceeds
Contact an Experienced Montgomery County Criminal Defense Firm
At Cohen & Patel Law Firm, PLLC, our team understands how difficult these matters can be to navigate. That is why our team is committed to exploring all possible options to help you fight for the best outcome. When you need legal assistance, do not hesitate to contact our firm today.
